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  • Boateng v. United States, 1st Cir. (1994)

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    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Safu Boateng's 2255 petition. The appeals court found that because Boateng received the mandatory minimum sentence for his offense, his counsel's failure to argue for a lower sentence did not prejudice him. As the mandatory minimum would not have been affected by a role-in-the-offense reduction, the appeals court did not need to determine whether Boateng was a minor participant in the offense.

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    Filed: 1994-07-25 Precedential Status: Precedential Docket: 94-1092

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    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Safu Boateng's 2255 petition. The appeals court found that because Boateng received the mandatory minimum sentence for his offense, his counsel's failure to argue for a lower sentence did not prejudice him. As the mandatory minimum would not have been affected by a role-in-the-offense reduction, the appeals court did not need to determine whether Boateng was a minor participant in the offense.

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    Public Domain
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    12 views3 pages

    Boateng v. United States, 1st Cir. (1994)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the First Circuit affirmed the district court's dismissal of Safu Boateng's 2255 petition. The appeals court found that because Boateng received the mandatory minimum sentence for his offense, his counsel's failure to argue for a lower sentence did not prejudice him. As the mandatory minimum would not have been affected by a role-in-the-offense reduction, the appeals court did not need to determine whether Boateng was a minor participant in the offense.

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    of 3

    USCA1 Opinion

    [NOT FOR PUBLICATION]


    UNITED STATES COURT OF APPEALS
    FOR THE FIRST CIRCUIT
    ____________________
    No. 94-1092
    SAFU BOATENG,
    Plaintiff, Appellant,
    v.
    UNITED STATES OF AMERICA,
    Defendant, Appellee.
    ____________________
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. A. David Mazzone, Senior U.S. District Judge]
    __________________________
    ____________________
    Before
    Torruella, Selya and Cyr,
    Circuit Judges.
    ______________
    ____________________

    Safu Boateng pro se on Memorandum in support of appeal brief.


    ____________
    Donald K. Stern, United States Attorney, and Michael J. Pelg
    _______________
    ________________
    Assistant United States Attorney, on brief for appellee.

    ____________________
    July 22, 1994
    ____________________

    Per Curiam.
    __________
    2255

    petition essentially

    district court.
    minimum

    Because appellant

    a lower sentence.

    F.3d 1161,

    received

    for the

    reasons stated
    received the

    by the

    mandatory

    sentence, he was not prejudiced by counsel's failure

    to argue for
    15

    We affirm the dismissal of appellant's

    the

    1201-02 (1st
    mandatory

    Cir.

    minimum

    offense reduction

    would have had

    and

    court

    consequently

    appellant was a

    United States v. Sepulveda,


    ___________________________
    1993) (because
    sentence,

    role-in-the-

    no effect on

    the sentence

    refused to

    decide

    whether

    minor participant), cert. denied,


    ____ ______

    Lexis 4738 (1994).

    defendant

    or not

    1994 U.S.

    Affirmed.
    ________

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